Home Office

Opt-in Decision on the Proposal of the European Parliament and the Council on European Production Orders and European Preservation Orders for cross-border access to electronic evidence in criminal matters

Mr Nick Hurd: Until the UK leaves it remains a full member of the European Union with all the rights and responsibilities this entails. The Government will continue to consider the application of the UK’s right to opt in to, or opt out of, forthcoming EU legislation in the area of Justice and Home Affairs on a case by case basis, with a view to maximising our country’s security, protecting our civil liberties and enhancing our ability to control immigration.The Government has decided not to opt in to the Proposal of the European Parliament and the Council on European Production Orders and European Preservation Orders for cross-border access to electronic evidence in criminal matters.Law enforcement access to data held by service providers is an important issue and we support the underlying objective of improving cross-border access to electronic evidence. However, from the start of discussions on this issue, we have not supported the need for new EU legislation. That is because it is not clear that new EU legislation will be a practical and effective way to address the global issue of providing lawful access to data held anywhere in the world.


This statement has also been made in the House of Lords: 
HLWS993

Ministry of Defence

Call-Out Order to Support Air Policing Operations

Mark Lancaster: Changes made by the Defence Reform Act 2014 allow reservists to be called out under section 56(1B) of the Reserve Forces Act 1996 if it appears to the Secretary of State that it is necessary or desirable to use members of a reserve force for any purpose for which members of the regular services may be used. Reservists called out under this power may be required to serve for a period of up to twelve months. A new order has been made under section 56(1B) of the Reserve Forces Act 1996 to enable reservists to be called into permanent service in support of the United Kingdom’s contribution to air policing operations. With the changing international strategic threat, I consider there is a requirement for an order that enables the mobilisation of reservists to support tasks which provide for, or contribute to UK air security and policing, including associated strategic tasks. This order also provides for related activity elsewhere in the world, including, for example, the protection of the UK’s overseas territories, providing Force Protection for air assets, in so far as the activity provides for, or contributes, to the continued security of the UK, its overseas territories, service people and assets. The order takes effect from the beginning of 1 November 2018 and shall cease to have effect at the end of 29 September 2019, making it coterminous with other standing call-out orders. For operations that fall outside the scope of these orders, for example Military Aid to the Civil Authorities, or warfighting, or for operations which are likely to involve a large number of reservists, I would expect to make separate call-out orders.